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  1. #1
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    May 2011
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    Default Possession of Marijuana With a Medical Marijuana Card from Another State

    My question involves criminal law for the state of: Arizona

    Hello everyone, just to start I am a 21 year old college student that attends Arizona State University. In my apartment located off campus, I was charged with "possession of paraphernalia". (Section 13-3415 A of Maricopa County Sheriff's Office). My roommate was smoking a blunt in his room, and the officer's had knocked on the door. I walked to the door and the 2 police officers and 2 security guards were hiding from the peephole. They entered immediately after I opened the door, claiming that they had smelled weed. They came in and found 4 water pipes (2 were mine and 2 were my roommates). We both ended up with paraphernalia charges. I was not high, nor had any marijuana on me. Furthermore, previously I had maintained a completely clean record.

    Unfortunately, in Maricopa County, it is considered a class 6 felony. From my previous research, the typical protocol is 6 months of diversion (TASC) to have it reduced to a class 1 misdemeanor. TASC generally requires classes and weekly drug tests.

    I got my medical marijuana license in November of 2010 in California. Could this have any affect on my case? Should I seek an attorney? Or should I go with a Public Defender? A defense attorney seems like an expensive solution to a relatively inexpensive problem.

    I am looking for any way possible to get a reduction in my penalty. Staying off marijuana for 6 months is not a problem, I am just worried about the possibility of being in the wrong place at the wrong time and ending up with a felony on my record.

    I am a good student from a good family. Any informative input is highly appreciated. Thanks for taking the time to read this. The whole situation has me shook.

  2. #2
    Join Date
    Jul 2010
    Posts
    2,540

    Default Re: Marijuana Paraphernalia Class 6 Felony in Arizona - Medical License in Ca: Please

    Quote Quoting CovertCoupe
    View Post
    My question involves criminal law for the state of: Arizona

    Hello everyone, just to start I am a 21 year old college student that attends Arizona State University. In my apartment located off campus, I was charged with "possession of paraphernalia". (Section 13-3415 A of Maricopa County Sheriff's Office). My roommate was smoking a blunt in his room, and the officer's had knocked on the door. I walked to the door and the 2 police officers and 2 security guards were hiding from the peephole. They entered immediately after I opened the door, claiming that they had smelled weed. They came in and found 4 water pipes (2 were mine and 2 were my roommates). We both ended up with paraphernalia charges. I was not high, nor had any marijuana on me. Furthermore, previously I had maintained a completely clean record.

    Unfortunately, in Maricopa County, it is considered a class 6 felony. From my previous research, the typical protocol is 6 months of diversion (TASC) to have it reduced to a class 1 misdemeanor. TASC generally requires classes and weekly drug tests.

    I got my medical marijuana license in November of 2010 in California. Could this have any affect on my case? Should I seek an attorney? Or should I go with a Public Defender? A defense attorney seems like an expensive solution to a relatively inexpensive problem.

    I am looking for any way possible to get a reduction in my penalty. Staying off marijuana for 6 months is not a problem, I am just worried about the possibility of being in the wrong place at the wrong time and ending up with a felony on my record.

    I am a good student from a good family. Any informative input is highly appreciated. Thanks for taking the time to read this. The whole situation has me shook.
    Was your off-campus apartment affiliated with ASU at all? Who did the security guards work for?

    Your "medical marijuana" whatever from CA means exactly squat in Arizona. I would recommend an attorney though. I say get an attorney cause this sounds suspiciously like a bad search, bad arrest and a violation of your rights. The USSC recently heard a case on this, I'm not sure what the outcome is. A public defender is just as good as a private one, they just have a lot more clients so the amount of time they have to dedicate to the case is a variable.

    Oh, and if you don't NEED the MJ....quit it before they get you properly next time.

    Oh Pt.2...never,never,never open a door if you can't see who is standing outside. That easily could have been someone trying to rob you.

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